I write to bring to your attention a serious matter concerning the recent voting process for the road project held on August 24, 2024. As many of you are aware, ballots were distributed to property owners without the option to vote by proxy. This action is not only a violation of the rights of the property owners but also a direct violation of Texas Property Code.
The Texas Property Code, specifically Section 209.00592, mandates that property owners must be allowed to vote by absentee ballot or proxy unless the governing documents explicitly state otherwise. The exclusion of the proxy voting option in this recent election represents a clear disregard for statutory law. It is important to understand that this illegal action did not result from a vote by the property owners, which would have been the only lawful avenue to remove proxy voting rights. Additionally, the board did not vote to remove proxy ballots—and even if they had, the board itself does not have the authority to unilaterally remove this fundamental right.
No, the decision came from Kelle Rahm, with support by Kelly Harrell.
This legal misstep could have been entirely avoided if the issue had been discussed in the appropriate environment — an open meeting with property owner participation, followed by a vote of the property owners. It is deeply problematic that the decisions of the association continue to be made after hours, behind closed doors, by select board members. Following Texas Property Code would have prevented this situation. There is a reason why the Texas Property Code Chapter 209 is titled “TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT”
It’s worth noting that Kelle Rahm, who made the decision to exclude proxy votes, owns a copy of the Texas Homeowners Association Law book—she even carried it to the last meeting and placed it prominently on the table in front of her. Why, then, does she not read it? Ignorance of the law is not a defense, especially when she parades this book around as a prop. We feel that she is actually not ignorant of the law – she is using the image of the book to bolster her illegal opinions, to shape the actions of the board to her favor – and law be damned. Her actions indicate a disregard for the legal requirements that govern our association, and she cannot claim ignorance while displaying this book as if she is well-versed in the law.
It is not lost on the property owners that this violation of the Texas Residential Property Owners Protection Act comes from the same individuals who have repeatedly implied that former board actions were “out of compliance.” The irony of Kelle Rahm and Kelle Harrell’s failure to adhere to the very laws they have invoked to criticize others only underscores the seriousness of their actions. Their negligence in this last election has now directly violated the rights of the property owners they were elected to serve.
Given the severity of this breach, it is imperative that we, the property owners of Camp Branch Acres (S)POA, take a stand. We must hold Kelle Rahm and Kelle Harrell accountable for their illegal and negligent actions. Our community’s integrity and the protection of our rights depend on our willingness to act. Failure to address this issue will not only undermine the trust within our community but may also expose the association to costly legal repercussions.
There was another instance of voter disenfranchisement that occurred at the annual meeting (held June 22, 2024 at the 356 VFD). Proxy votes were a hotly discussed topic leading up to the meeting, where it became the final election that included the option to vote by proxy. However, Kelle Rahm was the only person who gave instructions to the vote counters, resulting in the disqualification of a significant number of proxy votes. Constable Adamick also noted that some disqualified votes were in association-provided envelopes that had a stamp but no postmark. There is nothing in Texas Property Code or election law that justifies disqualifying those votes—so why were they rejected? Due to the emphasis on ensuring proxy votes were in the required envelope, several property owners placed their in-person ballots in the envelope before dropping them into the ballot box, yet their votes were not counted based solely upon these vote counting instructions provided by Kelle. This represents another instance of disenfranchisement that occurred under Kelle’s watch. Going forward, instructions on how to properly count votes should not be given by one person behind closed doors—especially not by a chair who has a vested interest in the election’s outcome.
I urge each of you to consider this matter seriously and to join in taking the necessary steps to protect our rights and uphold the laws that govern our community. We deserve leadership that respects the law and the rights of every individual in Camp Branch Acres (not just the ones that are personal friends). Kelle Rahm is no longer eligible to serve as chairperson of Camp Branch Acres Subdivision Property Owners Association after knowingly violating Texas Property Code for the purpose of disenfranchising property owners. She needs to be removed so that our community can move forward and heal.
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